HL Deb 26 April 1977 vol 382 cc389-90

4 Clause 3, page 2, line 28, leave out 'and specifying such information as may be required by the district registrar' and insert '; and he shall provide the district registrar with such—

  1. (a) information in respect of the matter to which such certificate or document would have related; and
  2. (b) documentary evidence in support of that information,
as the district registrar may require.'

Lord KIRKHILL

My Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 4. This Amendment enables the registrar to require the production of documentary evidence in support of the information given in a declaration made to him by a person giving notice of marriage who cannot produce his birth certificate or, where appropriate, a divorce decree or the death certificate of his former spouse. The Government must allow for circumstances where a person may genuinely be unable to produce some or all of these documents, and Clause 3 (2) provides for a simple declaration to be made. But it would not be right to expect the registrar to rely on this in all cases: it would be too easy, for example, for an intending bigamist merely to give some plausible reason why he could not produce, say, a divorce decree.

The Amendment enables the registrar to insist on some satisfactory documentary evidence being produced; for example, a letter from a solicitor indicating that a decree absolute had been granted would be acceptable as evidence supporting the information. The Amendment is, in short, a necessary precaution against the person who has something to hide. I beg to move that this House doth agree with the Commons in their Amendment.

Moved, That this House doth agree with the Commons in the said Amendment.—(Lord Kirkhill).

Lord CAMPBELL of CROY

My Lords this matter was discussed at some length in another place and the Government Amendment to provide additional information when certificates cannot be supplied appears to fill a gap which has become apparent in the Bill. I do not know whether the noble Lord wishes to say something more on this Amendment?

Lord KIRKHILL

My Lords, I merely wish to say, in case there is any doubt about it, that at this stage I am moving only Amendment No. 4.

Lord CAMPBELL of CROY

My Lords, I gave way to the noble Lord because it looked as though he wished to add something to his earlier comment. I also at this stage was addressing myself only to Amendment No. 4, although I realise that subsequent Amendments are associated with it.

On Question, Motion agreed to.